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Same as: / Versions: S5041-2011 S5041A-2011

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S5041-2011 Actions

• Jun 5, 2012: referred to housing
• Jun 5, 2012: DELIVERED TO ASSEMBLY
• Jun 5, 2012: PASSED SENATE
• May 2, 2012: ADVANCED TO THIRD READING
• May 1, 2012: 2ND REPORT CAL.
• Apr 30, 2012: 1ST REPORT CAL.602
• Feb 3, 2012: PRINT NUMBER 5041A
• Feb 3, 2012: AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 22, 2011: referred to housing
• Jun 22, 2011: DELIVERED TO ASSEMBLY
• Jun 22, 2011: PASSED SENATE
• Jun 7, 2011: ADVANCED TO THIRD READING
• Jun 6, 2011: 2ND REPORT CAL.
• Jun 2, 2011: 1ST REPORT CAL.927
• May 3, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S5041-2011 Meetings

Housing, Construction and Community Development: Jun 2, 2011

S5041-2011 Calendars

Active List: Jun 22, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011

S5041-2011 Votes

S5041-2011 Memo

BILL NUMBER:S5041

TITLE OF BILL:
An act
to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation to
determining primary residency of rent regulated housing accommodations

PURPOSE:
This bill would ensure that individuals who receive rent regulation
benefits actually utilize occupy their primary residence for purposes of
being eligible for rent regulation protections.

SUMMARY OF PROVISIONS:
This bill provides that for the purpose of determining whether a rent
regulated apartment is occupied by the tenant as their primary
residence, the failure to file a tax return or casting of a vote in an
election district other than the one designated for that apartment shall
result in a determination that the tenant does not occupy the apartment
as their primary residence. The bill also provides that an owner may
challenge the primary residence status of the tenant at any time during
the tenant's lease and not only during the lease renewal period prior to
the expiration of the tenant's lease.

JUSTIFICATION:
Rent controlled and rent stabilized apartments should only be available
to persons who actually reside in those apartments. Significant economic
benefits are received by rent regulated tenants and significant economic
burdens are imposed upon property owners as a result. It is self-evident
that housing accommodations that are subject to rent regulation should
be the primary residence of the tenants who occupy them. Furthermore,
since the ruling of the Court of Appeals in the case of Golub v. Frank,
65 NY2d 900 (1985), owners are authorized to commence primary residence
challenges only during the lease renewal period between 90 and 150 days
prior to the expiration of a rent stabilized lease. Limiting such
challenges to that time period needlessly confers added protections and
benefits to those tenants who do not primarily reside at the regulated
accommodations. It is sound public policy to enable property owners to
commence these proceedings at any time during a tenant's lease.

LEGISLATIVE HISTORY: New Sill

FISCAL IMPLICATIONS:None.

EFFECTIVE DATE: This act shall take effect immediately.

S5041-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5041
 2011-2012 Regular Sessions
 I N  SENATE
 May 3, 2011
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Housing, Construction  and
 Community Development
 AN  ACT to amend the administrative code of the city of New York and the
 emergency tenant protection act of nineteen seventy-four, in  relation
 to  determining  primary  residency of rent regulated housing accommo
 dations
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Clause 10 of subparagraph (i) of paragraph 2 of subdivision
 e  of section 26-403 of the administrative code of the city of New York,
 as amended by chapter 422 of the laws of 2010, is  amended  to  read  as
 follows:

 (10)  Housing accommodations not occupied by the tenant, not including
 subtenants or occupants, as his or her primary residence, as  determined
 by  a  court  of competent jurisdiction. For the purposes of determining
 primary residency, a tenant who is a victim  of  domestic  violence,  as
 defined in section four hundred fifty-nine-a of the social services law,
 who  has  left  the  unit  because  of such violence, and who asserts an
 intent to return to the housing accommodation  shall  be  deemed  to  be
 occupying  the  unit  as  his  or her primary residence. FOR PURPOSES OF
 DETERMINING PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS CHAPTER, THE
 FOLLOWING SHALL APPLY: (I) THE FAILURE TO FILE A  CITY  RESIDENT  INCOME
 TAX RETURN BY AN INDIVIDUAL REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL
 RESULT  IN  A  DETERMINATION THAT THE TENANT DOES NOT OCCUPY THE HOUSING
 ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE; PROVIDED,  HOWEVER,  THAT
 THIS  PROVISION  SHALL  NOT  APPLY TO AN INDIVIDUAL WHO HAS REQUESTED AN
 EXTENSION OF TIME FOR PAYMENT OF TAX OR WHERE ANY  OTHER  FACTOR  EXISTS
 WHICH  WOULD  EXCUSE  THE TIMELY FILING OF THE RETURN; PROVIDED FURTHER,
 THAT THE TIMELY FILING OF SUCH RETURN  SHALL  NOT,  IN  AND  OF  ITSELF,
 RESULT  IN  A  DETERMINATION THAT THE INDIVIDUAL DOES OCCUPY THE HOUSING
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11262-01-1
 
       S. 5041                             2
 ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE IS CAST  BY
 A  TENANT  DURING  THEIR TENANCY IN ANY ELECTION HELD IN ACCORDANCE WITH
 THE PROVISIONS OF THE ELECTION LAW CONDUCTED IN  ANY  ELECTION  DISTRICT
 OTHER  THAN  THE ONE DESIGNATED FOR THE HOUSING ACCOMMODATION LOCATED IN
 THE CITY SHALL RESULT IN A DETERMINATION THAT THE TENANT DOES NOT OCCUPY
 THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE. No action  or
 proceeding  shall  be  commenced  seeking  to  recover possession on the
 ground that a housing accommodation is not occupied by the tenant as his
 or her primary residence unless the owner or  lessor  shall  have  given
 thirty  days  notice  to  the tenant of his or her intention to commence
 such action or proceeding on such grounds.
 

S 2. Subparagraph (f) of paragraph  1  of  subdivision  a  of  section
 26-504 of the administrative code of the city of New York, as amended by
 chapter 422 of the laws of 2010, is amended to read as follows:

 (f) not occupied by the tenant, not including subtenants or occupants,
 as  his  or her primary residence, as determined by a court of competent
 jurisdiction[, provided, however that no].  FOR PURPOSES OF  DETERMINING
 PRIMARY  RESIDENCY,  AS SUCH TERM IS USED IN THIS CHAPTER, THE FOLLOWING
 SHALL APPLY: (I) THE FAILURE TO FILE A CITY RESIDENT INCOME  TAX  RETURN
 BY  AN INDIVIDUAL REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL RESULT IN
 A DETERMINATION THAT THE TENANT DOES NOT  OCCUPY  THE  HOUSING  ACCOMMO
 DATION  AS  HIS  OR  HER PRIMARY RESIDENCE; PROVIDED, HOWEVER, THAT THIS
 PROVISION SHALL NOT APPLY TO AN INDIVIDUAL WHO HAS REQUESTED  AN  EXTEN
 SION  OF  TIME FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS WHICH
 WOULD EXCUSE THE TIMELY FILING OF SUCH RETURN;  PROVIDED  FURTHER,  THAT
 THE  TIMELY FILING OF SUCH RETURN SHALL NOT, IN AND OF ITSELF, RESULT IN
 A DETERMINATION THAT THE INDIVIDUAL DOES  OCCUPY  THE  HOUSING  ACCOMMO
 DATION  AS  HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE CAST BY A TENANT
 DURING TENANCY IN ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF
 THE ELECTION LAW CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN  THE  ONE
 DESIGNATED  FOR  THE  HOUSING  ACCOMMODATION  LOCATED  IN THE CITY SHALL
 RESULT IN A FINDING THAT THE TENANT DOES NOT OCCUPY THE UNIT AS  HIS  OR
 HER  PRIMARY RESIDENCE. NO action or proceeding shall be commenced seek
 ing to recover possession on the ground that a housing accommodation  is
 not  occupied  by  the tenant as his or her primary residence unless the
 owner or lessor shall have given thirty days notice to the tenant of his
 or her intention to commence such action or proceeding on such  grounds.
 SUCH  ACTION  OR PROCEEDING MAY BE BROUGHT AT ANY TIME DURING THE COURSE
 OF A TENANT'S LEASE OR ANY RENEWAL LEASE. IN  THE  EVENT  AN  ACTION  OR
 PROCEEDING  IS  COMMENCED  PRIOR  TO THE DATE THAT AN OFFER OF A RENEWAL
 LEASE IS OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE  TENANT,  THE
 COMMENCEMENT  OF  SUCH  ACTION  OR  PROCEEDING  SHALL SUBSTITUTE FOR THE
 SERVICE OF ANY OTHER NOTICE PERTAINING TO SUCH  RENEWAL,  INCLUDING  BUT
 NOT  LIMITED  TO A NOTICE OF NON-RENEWAL OF SUCH LEASE. For the purposes
 of determining primary residency, a tenant who is a victim  of  domestic
 violence,  as defined in section four hundred fifty-nine-a of the social
 services law, who has left the unit because of such  violence,  and  who
 asserts an intent to return to the housing accommodation shall be deemed
 to  be  occupying  the  unit  as  his  or her primary residence. For the
 purposes of this subparagraph where a housing accommodation is rented to
 a not-for-profit hospital for  residential  use,  affiliated  subtenants
 authorized  to  use such accommodations by such hospital shall be deemed
 to be tenants, or
 

S 3. Paragraph 11 of subdivision a of section 5 of section 4 of  chap
 ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
 
       S. 5041                             3
 protection act of nineteen seventy-four, as amended by  chapter  422  of
 the laws of 2010, is amended to read as follows:

 (11)  housing accommodations which are not occupied by the tenant, not
 including subtenants or occupants, as his or her primary  residence,  as
 determined by a court of competent jurisdiction.  FOR PURPOSES OF DETER
 MINING  PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS ACT, THE FOLLOW
 ING SHALL APPLY: (I) THE FAILURE TO FILE A  STATE  RESIDENT  INCOME  TAX
 RETURN  BY  AN  INDIVIDUAL  REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL
 RESULT IN A DETERMINATION THAT THE TENANT DOES NOT  OCCUPY  THE  HOUSING
 ACCOMMODATION  AS  HIS OR HER PRIMARY RESIDENCE; PROVIDED, HOWEVER, THAT
 THIS PROVISION SHALL NOT APPLY TO AN INDIVIDUAL  WHO  HAS  REQUESTED  AN
 EXTENSION  OF  TIME  FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS
 WHICH WOULD EXCUSE THE TIMELY FILING OF THE  RETURN;  PROVIDED  FURTHER,
 THAT  THE  TIMELY  FILING  OF  SUCH  RETURN SHALL NOT, IN AND OF ITSELF,
 RESULT IN A DETERMINATION THAT THE INDIVIDUAL DOES  OCCUPY  THE  HOUSING
 ACCOMMODATION  AS  HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE CAST BY A
 TENANT DURING TENANCY IN  ANY  ELECTION  HELD  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF THE ELECTION LAW CONDUCTED IN ANY ELECTION DISTRICT OTHER
 THAN THE ONE DESIGNATED FOR THE HOUSING  ACCOMMODATION  LOCATED  IN  THE
 CITY  OF  NEW  YORK  SHALL  RESULT IN A FINDING THAT THE TENANT DOES NOT
 OCCUPY THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY  RESIDENCE.  SUCH
 ACTION  OR  PROCEEDING MAY BE BROUGHT AT ANY TIME DURING THE COURSE OF A
 TENANT'S LEASE OR ANY RENEWAL LEASE. IN THE EVENT AN ACTION OR  PROCEED
 ING  IS  COMMENCED PRIOR TO THE DATE THAT AN OFFER OF A RENEWAL LEASE IS
 OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE TENANT, THE  COMMENCE
 MENT  OF  SUCH  ACTION OR PROCEEDING SHALL SUBSTITUTE FOR THE SERVICE OF
 ANY OTHER NOTICE PERTAINING TO SUCH RENEWAL, INCLUDING BUT  NOT  LIMITED
 TO  A NOTICE OF NON-RENEWAL OF SUCH LEASE. For the purposes of determin
 ing primary residency, a tenant who is a victim of domestic violence, as
 defined in section four hundred fifty-nine-a of the social services law,
 who has left the unit because of  such  violence,  and  who  asserts  an
 intent  to  return  to  the  housing accommodation shall be deemed to be
 occupying the unit as his or her primary residence. For the purposes  of
 this  paragraph,  where  a housing accommodation is rented to a not-for
 profit hospital for residential use, affiliated subtenants authorized to
 use such accommodations by such hospital shall be deemed to be  tenants.
 No action or proceeding shall be commenced seeking to recover possession
 on the ground that a housing accommodation is not occupied by the tenant
 as  his  or  her primary residence unless the owner or lessor shall have
 given thirty days notice to the  tenant  of  his  or  her  intention  to
 commence such action or proceeding on such grounds.
 

S  4. This act shall take effect immediately; provided that the amend
 ment to section 26-403 of the city rent and rehabilitation law  made  by
 section  one  of  this act shall remain in full force and effect only so
 long as the public emergency requiring the  regulation  and  control  of
 residential  rents and evictions continues, as provided in subdivision 3
 of section 1 of the  local  emergency  housing  rent  control  act;  and
 provided  further  that  the  amendment  to  section  26-504 of the rent
 stabilization law of nineteen hundred sixty-nine made by section two  of
 this act shall expire on the same date as such law expires and shall not
 affect  the  expiration  of such law as provided under section 26-520 of
 such law; and provided further that the amendment to section  5  of  the
 emergency tenant protection act of nineteen seventy-four made by section
 three  of this act shall expire on the same date as such act expires and
 shall not affect the expiration of such act as provided in section 17 of
 chapter 576 of the laws of 1974, as amended.

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